* with amendments adopted by the
Plenipotentiary Conferences (Kyoto, 1994 and Minneapolis, 1998)
and entered into force since 1 January 2000
Chapter I |
FUNCTIONING OF THE UNION |
Section 1 |
Article 1 |
Plenipotentiary Conference |
1 |
1. (1) The Plenipotentiary Conference shall be
convened in accordance with the relevant provisions of
Article 8 of the Constitution of the International
Telecommunication Union (hereinafter referred to as "the
Constitution"). |
2 |
(2) If practicable, the precise place and the exact dates
of a plenipotentiary conference shall be set by the preceding
plenipotentiary conference; failing this, they shall be fixed
by the Council with the concurrence of the majority of the
Member States. |
3 |
2. (1) The precise place and the exact dates of
the next Plenipotentiary Conference, or either one of these,
may be changed: |
4 |
a) when at least one-quarter of the Member States have
individually proposed a change to the Secretary-General;
or |
5 |
b) on a proposal of the Council. |
6 |
(2) Any such change shall require the concurrence of a
majority of the Member States. |
Article 2 |
Elections and Related Matters |
The Council |
7 |
1. Except in the case of vacancies arising in the
circumstances described in Nos. 10 to 12 below, the Member
States elected to the Council shall hold office until the
date on which a new Council is elected. They shall be
eligible for reelection. |
8 |
2. (1) If, between two plenipotentiary
conferences, a seat becomes vacant on the Council, it shall
pass by right to the Member State from the same region as the
Member State whose seat is vacated which had obtained at the
previous election the largest number of votes among those not
elected. |
9 |
(2) When for any reason a vacant seat cannot be filled
according to the procedure of No. 8 above, the Chairman of
the Council shall invite the other Member States of the
region to seek election within one month of such an
invitation being issued. At the end of this period, the
Chairman of the Council shall invite Member States to elect a
new Member State of the Council. The election shall be
carried out by secret ballot by correspondence. The same
majority as indicated above will be required. The new Member
State of the Council shall hold office until the election of
the new Council by the next competent plenipotentiary
conference. |
10 |
3. A seat on the Council shall be considered
vacant: |
11 |
a) when a Council Member does not have a representative
in attendance at two consecutive ordinary sessions of the
Council; |
12 |
b) when a Member State resigns its membership of the
Council. |
Elected officials |
13 |
1. The Secretary-General, the Deputy
Secretary-General and the Directors of the Bureaux shall take
up their duties on the dates determined by the
Plenipotentiary Conference at the time of their election.
They shall normally remain in office until dates determined
by the following Plenipotentiary Conference, and they shall
be eligible for re-election once only. |
14 |
2. If the post of Secretary-General falls vacant,
the Deputy Secretary-General shall succeed to it and shall
remain in office until a date determined by the following
Plenipotentiary Conference. When under these conditions the
Deputy Secretary-General succeeds to the office of the
Secretary-General, the post of Deputy Secretary-General shall
be considered to fall vacant on that same date and the
provisions of No. 15 below shall be applied. |
15 |
3. If the post of Deputy Secretary-General falls
vacant more than 180 days prior to the date set for the
convening of the next Plenipotentiary Conference, the Council
shall appoint a successor for the balance of the term. |
16 |
4. If the posts of the Secretary-General and the
Deputy Secretary- General fall vacant simultaneously, the
Director who has been longest in office shall discharge the
duties of Secretary-General for a period not exceeding 90
days. The Council shall appoint a Secretary-General and, if
the vacancies occur more than 180 days prior to the date set
for the convening of the next Plenipotentiary Conference, a
Deputy Secretary-General. An official thus appointed by the
Council shall serve for the balance of the term for which his
predecessor was elected. |
17 |
5. If the post of a Director becomes unexpectedly
vacant, the Secretary-General shall take the necessary steps
to ensure that the duties of that Director are carried out
until the Council shall appoint a new Director at its next
ordinary session following the occurrence of such a vacancy.
A Director so appointed shall serve until the date fixed by
the next Plenipotentiary Conference. |
18 |
6. Subject to the relevant provisions of Article
27 of the Constitution, the Council shall provide for the
filling of any vacancy in the post of Secretary-General or
Deputy Secretary-General in the situation described in the
relevant provisions of the present Article at an ordinary
session, if held within 90 days after a vacancy occurs, or at
a session convened by the Chairman within the periods
specified in those provisions. |
19 |
7. Any period of service in the post of an elected
official pursuant to an appointment under Nos. 14 to 18 above
shall not affect eligibility for election or re-election to
such a post. |
Members of the Radio Regulations
Board |
20 |
1. The members of the Radio Regulations Board
shall take up their duties on the dates determined by the
Plenipotentiary Conference at the time of their election.
They shall remain in office until dates determined by the
following Plenipotentiary Conference, and shall be eligible
for re-election once only. |
21 |
2. If, in the interval between two Plenipotentiary
Conferences, a member of the Board resigns or is no longer in
a position to perform his duties, the Secretary-General, in
consultation with the Director of the Radiocommunication
Bureau, shall invite the Members of the Union of the region
concerned to propose candidates for the election of a
replacement at the next session of the Council. However, if
the vacancy occurs more than 90 days before a session of the
Council or after the session of the Council preceding the
next Plenipotentiary Conference, the Member of the Union
concerned shall designate, as soon as possible and within 90
days, another national as a replacement who will remain in
office until the new member elected by the Council takes
office or until the new members of the Board elected by the
next Plenipotentiary Conference take office, as appropriate.
The replacement shall be eligible for election by the Council
or by the Plenipotentiary Conference, as appropriate. |
22 |
3. A member of the Radio Regulations Board is
considered no longer in a position to perform his duties
after repeated consecutive absences from the Board meetings.
The Secretary-General shall, after consultation with the
Board's Chairman as well as the member of the Board and the
Member of the Union concerned, declare existence of a vacancy
in the Board and shall proceed as stipulated in No. 21
above. |
Article 3 |
Other Conferences |
23 |
1. In conformity with the relevant provisions of
the Constitution, the following world conferences and
assemblies of the Union shall normally be convened within the
period between two plenipotentiary conferences: |
24 |
a) one or two world radiocommunication conferences; |
25 |
b) one world telecommunication standardization
assembly; |
26 |
c) one world telecommunication development
conference; |
|
27 |
d) one or two radiocommunication assemblies. |
28 |
2. Exceptionally, within the period between
Plenipotentiary Conferences: |
29 |
deleted. |
30 |
- an additional world telecommunication standardization
assembly may be convened. |
31 |
3. These actions shall be taken: |
32 |
a) by a decision of a Plenipotentiary Conference; |
33 |
b) on the recommendation of the previous world conference
or assembly of the Sector concerned, if approved by the
Council; in the case of a radiocommunication assembly, the
recommendation of the assembly shall be transmitted to the
following world radiocommunication conference for comments
for the attention of the Council; |
34 |
c) at the request of at least one-quarter of the Member
States, which shall individually address their requests to
the Secretary-General; or |
35 |
d) on a proposal of the Council. |
36 |
4. A regional radiocommunication conference shall
be convened: |
37 |
a) by a decision of a Plenipotentiary Conference; |
38 |
b) on the recommendation of a previous world or regional
radiocommunication conference if approved by the
Council; |
39 |
c) at the request of at least one-quarter of the Member
States belonging to the region concerned, which shall
individually address their requests to the Secretary-General;
or |
40 |
d) on a proposal of the Council. |
41 |
5. (1) The precise place and the exact dates of a
world or regional conference or an assembly of a Sector may
be fixed by a plenipotentiary conference. |
42 |
(2) In the absence of such a decision, the Council shall
determine the precise place and the exact dates of a world
conference or an assembly of a Sector with the concurrence of
a majority of the Member States, and of a regional conference
with the concurrence of a majority of the Member States
belonging to the region concerned; in both cases the
provisions of No. 47 below shall apply. |
43 |
6. (1) The precise place and the exact dates of a
conference or assembly may be changed: |
44 |
a) at the request of at least one-quarter of the Member
States in the case of a world conference or an assembly of a
Sector, or of at least one-quarter of the Member States
belonging to the region concerned in the case of a regional
conference. Their requests shall be addressed individually to
the Secretary-General, who shall transmit them to the Council
for approval; or |
45 |
b) on a proposal of the Council. |
46 |
(2) In the cases specified in Nos. 44 and 45 above, the
changes proposed shall not be finally adopted until accepted
by a majority of the Member States, in the case of a world
conference or an assembly of a Sector, or by a majority of
the Member States belonging to the region concerned, in the
case of a regional conference, subject to the provisions of
No. 47 below. |
47 |
7. In the consultations referred to in Nos. 42,
46, 118, 123, 138, 302, 304, 305, 307 and 312 of this
Convention, Member States which have not replied within the
time-limits specified by the Council shall be regarded as not
participating in the consultations, and in consequence shall
not be taken into account in computing the majority. If the
number of replies does not exceed one-half of the Member
States consulted, a further consultation shall take place,
the results of which shall be decisive regardless of the
number of votes cast. |
48 |
8. (1) World conferences on international
telecommunications shall be held upon decision by the
Plenipotentiary Conference. |
49 |
(2) The provisions for the convening of, the adoption of
the agenda of, and the participation in a world
radiocommunication conference shall, as appropriate, equally
apply to world conferences on international
telecommunications. |
Section 2 |
Article 4 |
The Council |
50 |
1. (1) The number of Member States of the Council
shall be determined by the Plenipotentiary Conference which
is held every four years. |
50a |
(2) This number shall not exceed 25% of the total number
of Member States. |
51 |
2. (1) The Council shall hold an ordinary session
annually at the seat of the Union. |
52 |
(2) During this session it may decide to hold,
exceptionally, an additional session. |
53 |
(3) Between ordinary sessions, it may be convened, as a
general rule at the seat of the Union, by the Chairman at the
request of a majority of its Member States, or on the
initiative of the Chairman under the conditions provided for
in No. 18 of this Convention. |
54 |
3. The Council shall take decisions only in
session. Exceptionally, the Council in session may agree that
any specific issue shall be decided by correspondence. |
55 |
4. At the beginning of each ordinary session, the
Council shall elect its own Chairman and Vice-Chairman from
among the representatives of its Member States, taking into
account the principle of rotation between the regions. They
shall serve until the opening of the next ordinary session
and shall not be eligible for re-election. The Vice-Chairman
shall serve as Chairman in the absence of the latter. |
56 |
5. The person appointed to serve on the Council by
a Member State of the Council shall, so far as possible, be
an official serving in, or directly responsible to, or for,
their telecommunication administration and qualified in the
field of telecommunication services. |
57 |
6. Only the travelling, subsistence and insurance
expenses incurred by the representative of each Member State
of the Council in that capacity at Council sessions shall be
borne by the Union. |
58 |
7. The representative of each Member State of the
Council shall have the right to attend, as an observer, all
meetings of the Sectors of the Union. |
59 |
8. The Secretary-General shall act as Secretary of
the Council. |
60 |
9. The Secretary-General, the Deputy
Secretary-General and the Directors of the Bureaux may
participate as of right in the deliberations of the Council,
but without taking part in the voting. Nevertheless, the
Council may hold meetings confined to the representatives of
its Member States. |
60a |
9bis. A Member State which is not a Member State
of the Council may, with prior notice to the
Secretary-General, send one observer at its own expense to
meetings of the Council, its committees and its working
groups. An observer shall not have the right to vote or
address the meeting. |
61 |
10. The Council shall consider each year the
report prepared by the Secretary-General on implementation of
the strategic plan adopted by the Plenipotentiary Conference
and shall take appropriate action. |
62 |
11. The Council shall, in the interval between two
Plenipotentiary Conferences, supervise the overall management
and administration of the Union; it shall in particular: |
63 |
(1) approve and revise the Staff Regulations and the
Financial Regulations of the Union and any other regulations
as it may consider necessary, taking account of current
practice of the United Nations and of the specialized
agencies applying the common system of pay, allowances and
pensions; |
64 |
(2) adjust as necessary: |
65 |
a) the basic salary scales for staff in the professional
and higher categories, excluding the salaries for posts
filled by election, to accord with any changes in the basic
salary scales adopted by the United Nations for the
corresponding common system categories; |
66 |
b) the basic salary scales for staff in the general
services categories to accord with changes in the rates
applied by the United Nations and the specialized agencies at
the seat of the Union; |
67 |
c) the post adjustment for professional and higher
categories, including posts filled by election, in accordance
with decisions of the United Nations for application at the
seat of the Union; |
68 |
d) the allowances for all staff of the Union, in
accordance with any changes adopted in the United Nations
common system; |
69 |
(3) take decisions to ensure equitable geographical
distribution and representation of women in the Professional
and higher categories in the staff of the Union and monitor
the implementation of such decisions; |
70 |
(4) decide on proposals for major organizational changes
within the General Secretariat and the Bureaux of the Sectors
of the Union consistent with the Constitution and this
Convention, submitted to it by the Secretary-General
following their consideration by the Coordination
Committee; |
71 |
(5) examine and decide on plans concerning Union posts
and staff and human resources development programmes covering
several years, and give guidelines for the staffing of the
Union, including on staffing levels and structures, taking
into account the guidelines given by the Plenipotentiary
Conference and the relevant provisions of Article 27 of the
Constitution; |
72 |
(6) adjust, as necessary, the contributions payable by
the Union and its staff to the United Nations Joint Staff
Pension Fund, in accordance with the Fund's rules and
regulations, as well as the cost of living allowances to be
granted to beneficiaries of the Union Staff Superannuation
and Benevolent Funds on the basis of the practice followed by
the Fund; |
73 |
(7) review and approve the biennial budget of the Union,
and consider the budget forecast for the two-year period
following that budget, taking account of the decisions of the
Plenipotentiary Conference in relation to No. 50 of the
Constitution and of the financial limits set by the
Plenipotentiary Conference in accordance with No. 51 of the
Constitution; it shall ensure the strictest possible economy
but be mindful of the obligation upon the Union to achieve
satisfactory results as expeditiously as possible. In so
doing, the Council shall take into account the views of the
Coordination Committee as contained in the report by the
Secretary-General mentioned in No. 86 and the financial
operating report mentioned in No. 101 of this
Convention; |
74 |
(8) arrange for the annual audit of the accounts of the
Union prepared by the Secretary-General and approve them, if
appropriate, for submission to the next Plenipotentiary
Conference; |
75 |
(9) arrange for the convening of the conferences and
assemblies of the Union and provide, with the consent of a
majority of the Member States in the case of a world
conference or assembly, or of a majority of the Member States
belonging to the region concerned in the case of a regional
conference, appropriate directives to the General Secretariat
and the Sectors of the Union with regard to their technical
and other assistance in the preparation for and organization
of conferences and assemblies; |
76 |
(10) take decisions in relation to No. 28 of this
Convention; |
77 |
(11) decide upon the implementation of any decisions
which have been taken by conferences and which have financial
implications; |
78 |
(12) to the extent permitted by the Constitution, this
Convention and the Administrative Regulations, take any other
action deemed necessary for the proper functioning of the
Union; |
79 |
(13) take any necessary steps, with the agreement of a
majority of the Member States, provisionally to resolve
questions not covered by the Constitution, this Convention,
the Administrative Regulations and their annexes and which
cannot await the next competent conference for
settlement; |
80 |
(14) be responsible for effecting the coordination with
all international organizations referred to in Articles 49
and 50 of the Constitution and to this end, conclude, on
behalf of the Union, provisional agreements with the
international organizations referred to in Article 50 of the
Constitution, and with the United Nations in application of
the Agreement between the United Nations and the
International Telecommunication Union; these provisional
agreements shall be submitted to the next Plenipotentiary
Conference in accordance with the relevant provision of
Article 8 of the Constitution; |
81 |
(15) send to Member States, as soon as possible after
each of its sessions, summary records on the activities of
the Council and other documents deemed useful; |
82 |
(16) submit to the Plenipotentiary Conference a report on
the activities of the Union since the previous
Plenipotentiary Conference and any appropriate
recommendations. |
Section 3 |
Article 5 |
General Secretariat |
83 |
1. The Secretary-General shall: |
84 |
a) be responsible for the overall management of the
Union's resources; he may delegate the management of part of
these resources to the Deputy Secretary-General and the
Directors of the Bureaux, in consultation as necessary with
the Coordination Committee; |
85 |
b) coordinate the activities of the General Secretariat
and the Sectors of the Union, taking into account the views
of the Coordination Committee, with a view to assuring the
most effective and economical use of the resources of the
Union; |
86 |
c) prepare, with the assistance of the Coordination
Committee, and submit to the Council a report indicating
changes in the telecommunication environment since the last
plenipotentiary conference and containing recommended action
relating to the Union's future policies and strategy,
together with their financial implications; |
86a |
cbis) co-ordinate implementation of the strategic plan
adopted by the Plenipotentiary Conference and prepare an
annual report on this implementation for review by the
Council; |
87 |
d) organize the work of the General Secretariat and
appoint the staff of that Secretariat in accordance with the
directives of the Plenipotentiary Conference and the rules
established by the Council; |
87a |
dbis) prepare an annual operational plan and financial
plan of activities to be undertaken by the staff of the
General Secretariat in support of the strategic plan, to be
reviewed by Council. |
88 |
e) undertake administrative arrangements for the Bureaux
of the Sectors of the Union and appoint their staff on the
basis of the choice and proposals of the Director of the
Bureau concerned, although the final decision for appointment
or dismissal shall rest with the Secretary-General; |
89 |
f) report to the Council any decisions taken by the
United Nations and the specialized agencies which affect
common system conditions of service, allowances and
pensions; |
90 |
g) ensure the application of any regulations adopted by
the Council; |
91 |
h) provide legal advice to the Union; |
92 |
i) supervise, for administrative management purposes, the
staff of the Union with a view to assuring the most effective
use of personnel and the application of the common system
conditions of employment for the staff of the Union. The
staff appointed to assist directly the Directors of the
Bureaux shall be under the administrative control of the
Secretary-General and shall work under the direct orders of
the Directors concerned but in accordance with administrative
guidelines given by the Council; |
93 |
j) in the interest of the Union as a whole and in
consultation with the Directors of the Bureaux concerned,
temporarily reassign staff members from their appointed
position as necessary to meet fluctuating work requirements
at headquarters; |
94 |
k) make, in agreement with the Director of the Bureau
concerned, the necessary administrative and financial
arrangements for the conferences and meetings of each
Sector; |
95 |
l) taking into account the responsibilities of the
Sectors, undertake appropriate secretariat work preparatory
to and following conferences of the Union; |
96 |
m) prepare recommendations for the first meeting of the
Heads of delegations referred to in No. 342 of this
Convention, taking into account the results of any regional
consultation; |
97 |
n) provide, where appropriate in cooperation with the
inviting government, the secretariat of conferences of the
Union, and provide the facilities and services for meetings
of the Union, in collaboration, as appropriate, with the
Director concerned, drawing from Union's staff as he deems
necessary in accordance with No. 93 above. The
Secretary-General may also, when so requested, provide the
secretariat of other telecommunication meetings on a
contractual basis; |
98 |
o) take necessary action for the timely publication and
distribution of service documents, information bulletins, and
other documents and records prepared by the General
Secretariat and the Sectors, communicated to the Union or
whose publication is requested by conferences or the Council;
the list of documents to be published shall be maintained by
the Council, following consultation with the conference
concerned, with respect to service documents and other
documents whose publication is requested by conferences; |
99 |
p) publish periodically, with the help of information put
at his disposal or which he may collect, including that which
he may obtain from other international organizations, a
journal of general information and documentation concerning
telecommunication; |
100 |
q) after consultation with the Coordination Committee and
making all possible economies, prepare and submit to the
Council a biennial draft budget covering the expenditures of
the Union, taking account of the financial limits laid down
by the Plenipotentiary Conference. This draft shall consist
of a consolidated budget, including cost-based budgets for
the three Sectors, prepared in accordance with the budget
guidelines issued by the Secretary-General, and comprising
two versions. One version shall be for zero growth of the
contributory unit, the other for a growth less than or equal
to any limit fixed by the Plenipotentiary Conference, after
any drawing on the Reserve Account. The budget resolution,
after approval by the Council, shall be sent for information
to all Member States; |
101 |
r) with the assistance of the Coordination Committee,
prepare an annual financial operating report in accordance
with the Financial Regulations and submit it to the Council.
A recapitulative financial operating report and accounts
shall be prepared and submitted to the next Plenipotentiary
Conference for examination and final approval; |
102 |
s) with the assistance of the Coordination Committee,
prepare an annual report on the activities of the Union
which, after approval by the Council, shall be sent to all
Member States; |
102a |
sbis) manage the special arrangements referred to in No.
76A of the Constitution, the cost of this management being
borne by the signatories of the arrangement in a manner
agreed between them and the Secretary-General. |
103 |
t) perform all other secretarial functions of the
Union; |
104 |
u) perform any other functions entrusted to him by the
Council. |
105 |
2. The Secretary-General or the Deputy
Secretary-General may participate, in a consultative
capacity, in conferences of the Union; the Secretary-General
or his representative may participate in a consultative
capacity in all other meetings of the Union. |
Section 4 |
Article 6 |
Coordination Committee |
106 |
1. (1) The Coordination Committee shall assist and
advise the Secretary-General on all matters mentioned under
the relevant provisions of Article 26 of the Constitution and
the relevant Articles of this Convention. |
107 |
(2) The Committee shall be responsible for ensuring
coordination with all the international organizations
mentioned in Articles 49 and 50 of the Constitution as
regards representation of the Union at conferences of such
organizations. |
108 |
(3) The Committee shall examine the progress of the work
of the Union and assist the Secretary-General in the
preparation of the report referred to in No. 86 of this
Convention for submission to the Council. |
109 |
2. The Committee shall endeavour to reach
conclusions unanimously. In the absence of the support of the
majority in the Committee, its Chairman may in exceptional
circumstances take decisions, on the Chairman's own
responsibility, when judging that the decision of the matters
in question is urgent and cannot await the next session of
the Council. In such circumstances the Chairman shall report
promptly in writing on such matters to the Member States of
the Council, setting forth the reasons for such action
together with any other written views submitted by other
members of the Committee. If in such circumstances the
matters are not urgent, but nevertheless important, they
shall be submitted for consideration by the next session of
the Council. |
110 |
3. The Chairman shall convene the Committee at
least once a month; the Committee may also be convened when
necessary at the request of two of its members. |
111 |
4. A report shall be made of the proceedings of
the Coordination Committee and will be made available on
request to Members of the Council. |
Section 5 |
Radiocommunication Sector |
Article 7 |
World Radiocommunication Conference |
112 |
1. In accordance with No. 90 of the Constitution, a world
radiocommunication conference shall be convened to consider
specific radiocommunication matters. A world
radiocommunication conference shall deal with those items
which are included in its agenda adopted in accordance with
the relevant provisions of this Article. |
113 |
2. (1) The agenda of a world radiocommunication
conference may include: |
114 |
a) the partial or, exceptionally, complete revision of
the Radio Regulations referred to in Article 4 of the
Constitution; |
115 |
b) any other question of a worldwide character within the
competence of the conference; |
116 |
c) an item concerning instructions to the Radio
Regulations Board and the Radiocommunication Bureau regarding
their activities, and a review of those activities; |
117 |
d) the identification of topics to be studied by the
radiocommunication assembly and the radiocommunication study
groups, as well as matters that the assembly shall consider
in relation to future radiocommunication conferences. |
118 |
(2) The general scope of this agenda should be
established four to six years in advance, and the final
agenda shall be established by the Council preferably two
years before the conference, with the concurrence of a
majority of the Member States, subject to the provisions of
No. 47 of this Convention. These two versions of the agenda
shall be established on the basis of the recommendations of
the world radiocommunication conference, in accordance with
No. 126 of this Convention. |
119 |
(3) This agenda shall include any question which a
Plenipotentiary Conference has directed to be placed on the
agenda. |
120 |
3. (1) This agenda may be changed: |
121 |
a) at the request of at least one-quarter of the Member
States. Such requests shall be addressed individually to the
Secretary-General, who shall transmit them to the Council for
approval; or |
122 |
b) on a proposal of the Council. |
123 |
(2) The proposed changes to the agenda of a world
radiocommunication conference shall not be finally adopted
until accepted by a majority of the Member States, subject to
the provisions of No. 47 of this Convention. |
124 |
4. The conference shall also: |
125 |
(1) consider and approve the report of the Director of
the Bureau on the activities of the Sector since the last
conference; |
126 |
(2) recommend to the Council items for inclusion in the
agenda of a future conference and give its views on such
agendas for at least a four-year cycle of radiocommunication
conferences, together with an estimate of the financial
implications; |
127 |
(3) include, in its decisions, instructions or requests,
as appropriate, to the Secretary-General and the Sectors of
the Union. |
128 |
5. The Chairman and Vice-Chairmen of the
radiocommunication assembly, or of relevant study groups, may
participate in the associated world radiocommunication
conference. |
Article 8 |
Radiocommunication Assembly |
129 |
1. A radiocommunication assembly shall deal with
and issue, as appropriate, recommendations on questions
adopted pursuant to its own procedures or referred to it by
the Plenipotentiary Conference, any other conference, the
Council or the Radio Regulations Board. |
130 |
2. With regard to No. 129 above, the
radiocommunication assembly shall: |
131 |
(1) consider the reports of study groups prepared in
accordance with No.157 of this Convention and approve, modify
or reject the draft recommendations contained in those
reports, and consider the reports of the radiocommunication
advisory group prepared in accordance with No. 160h of this
Convention; |
132 |
(2) bearing in mind the need to keep the demands on the
resources of the Union to a minimum, approve the programme of
work arising from the review of existing questions and new
questions and determine the priority, urgency, estimated
financial implications and time-scale for the completion of
their study; |
133 |
(3) decide, in the light of the approved programme of
work derived from No. 132 above, on the need to maintain,
terminate or establish study groups, and allocate to each of
them the questions to be studied; |
134 |
(4) group questions of interest to the developing
countries as far as possible, in order to facilitate their
participation in the study of those questions; |
135 |
(5) give advice on matters within its competence in
response to requests from a world radiocommunication
conference; |
136 |
(6) report to the following world radiocommunication
conference on the progress in matters that may be included in
the agenda of future radiocommunication conferences. |
137 |
3. A radiocommunication assembly shall be presided
over by a person designated by the government of the country
in which the meeting is held or, in case of a meeting held at
the seat of the Union, by a person elected by the assembly
itself. The Chairman shall be assisted by Vice-Chairman
elected by the assembly. |
137a |
4. |
A radiocommunication assembly may refer specific matters
within its competence to the radiocommunication advisory
group for advice. |
Article 9 |
Regional Radiocommunication
Conferences |
138 |
The agenda of a regional radiocommunication conference
may provide only for specific radiocommunication questions of
a regional nature, including instructions to the Radio
Regulations Board and the Radiocommunication Bureau regarding
their activities in respect of the region concerned, provided
such instructions do not conflict with the interests of other
regions. Only items included in its agenda may be discussed
by such a conference. The provisions contained in Nos. 118 to
123 of this Convention shall apply to a regional
radiocommunication conference, but only with regard to the
Member States of the region concerned. |
Article 10 |
Radio Regulations Board |
139 |
deleted. |
140 |
2. In addition to the duties specified in Article
14 of the Constitution, the Board shall also consider reports
from the Director of the Radiocommunication Bureau on
investigations of harmful interference carried out at the
request of one or more of the interested administrations, and
formulate recommendations with respect thereto. |
141 |
3. The members of the Board have a duty to
participate, in an advisory capacity, in radiocommunication
conferences and radio-communication assemblies. The Chairman
and Vice-Chairman of the Board, or their nominated
representatives, have a duty to participate, in an advisory
capacity, in Plenipotentiary Conferences. In all of these
cases, the members having these duties shall not participate
in these conferences as members of their national
delegations. |
142 |
4. Only the travelling, subsistence and insurance
expenses incurred by the members of the Board in the exercise
of their duties for the Union shall be borne by the
Union. |
143 |
5. The working arrangements of the Board shall be
as follows: |
144 |
(1) The members of the Board shall elect from their own
members a Chairman and a Vice-Chairman for a period of one
year. Thereafter the Vice-Chairman shall succeed the Chairman
each year and a new Vice-Chairman shall be elected. In the
absence of the Chairman and Vice-Chairman, the Board shall
elect a temporary Chairman for the occasion from among its
members. |
145 |
(2) The Board shall normally hold up to four meetings a
year, generally at the seat of the Union, at which at least
two-thirds of its members shall be present, and may carry out
its duties using modem means of communication. |
146 |
(3) The Board shall endeavour to reach its decisions
unanimously. If it fails in that endeavour, a decision shall
be valid only if at least two-thirds of the members of the
Board vote in favour thereof. Each member of the Board shall
have one vote; voting by proxy is not allowed. |
147 |
(4) The Board may make such internal arrangements as it
considers necessary in conformity with the provisions of the
Constitution, this Convention and the Radio Regulations. Such
arrangements shall be published as part of the Board's Rules
of Procedure. |
Article 11 |
Radiocommunication Study Groups |
148 |
1. Radiocommunication study groups are set up by a
radio-communication assembly. |
149 |
2. (1) The radiocommunication study groups shall
study questions adopted in accordance with a procedure
established by the radiocommunication assembly and prepare
draft recommendations to be adopted in accordance with the
procedure set forth in Nos. 246a to 247 of this
Convention. |
149a |
(1bis) The radiocommunication study groups shall also
study topics identified in resolutions and recommendations of
world radiocommunication conferences. The results of such
studies shall be included in recommendations or in the
reports prepared in accordance with No. 156 below. |
150 |
(2) The study of the above questions and topics shall,
subject to No. 158 below, focus on the following: |
151 |
a) use of the radio-frequency spectrum in terrestrial and
space radiocommunication and of the geostationary-satellite
and other satellite orbits; |
152 |
b) characteristics and performance of radio systems; |
153 |
c) operation of radio stations; |
154 |
d) radiocommunication aspects of distress and safety
matters. |
155 |
(3) These studies shall not generally address economic
questions, but when they involve comparing technical or
operational alternatives, economic factors may be taken into
consideration. |
156 |
3. The radiocommunication study groups shall also
carry out preparatory studies of the technical, operational
and procedural matters to be considered by world and regional
radiocommunication conferences and elaborate reports thereon
in accordance with a programme of work adopted in this
respect by a radiocommunication assembly or following
instructions by the Council. |
157 |
4. Each study group shall prepare for the
radiocommunication assembly a report indicating the progress
of work, the recommendations adopted in accordance with the
consultation procedure contained in No. 149 above and any
draft new or revised recommendations for consideration by the
assembly. |
158 |
5. Taking into account No. 79 of the Constitution,
the tasks enumerated in Nos. 151 to 154 above and in No. 193
of this Convention in relation to the Telecommunication
Standardization Sector shall be kept under continuing review
by the Radiocommunication Sector and the Telecommunication
Standardization Sector with a view to reaching common
agreement on changes in the distribution of matters under
study. The two Sectors shall cooperate closely and adopt
procedures to conduct such a review and reach agreements in a
timely and effective manner. If agreement is not reached, the
matter may be submitted through the Council to the
Plenipotentiary Conference for decision. |
159 |
6. In the performance of their studies, the
radiocommunication study groups shall pay due attention to
the study of questions and to the formulation of
recommendations directly connected with the establishment,
development and improvement of telecommunications in
developing countries at both the regional and international
levels. They shall conduct their work giving due
consideration to the work of national, regional and other
international organizations concerned with radiocommunication
and cooperate with them, keeping in mind the need for the
Union to maintain its pre-eminent position in the field of
telecommunications. |
160 |
7. For the purpose of facilitating the review of
activities in the Radiocommunication Sector, measures should
be taken to foster cooperation and coordination with other
organizations concerned with radiocommunication and with the
Telecommunication Standardisation Sector and the
Telecommunication Development Sector. A radio-communication
assembly shall determine the specific duties, conditions of
participation and rules of procedure for these measures. |
Article 11a |
Radiocommunication Advisory Group |
160a |
1. The radiocommunication advisory group shall be
open to representatives of administrations of Member States
and representatives of Sector Members and to chairmen of the
study groups, and will act through the Director. |
160b |
2. The radiocommunication advisory group
shall: |
160c |
(1) review priorities, programmes, operations, financial
matters and strategies related to radiocommunication
assemblies, study groups and the preparation of
radiocommunication conferences, and any specific matters as
directed by a conference of the Union, a radiocommunication
assembly or the Council; |
160d |
(2) review progress in the implementation of the
programme of work established under No. 132 of this
Convention; |
160e |
(3) provide guidelines for the work of study groups; |
160f |
(4) recommend measures, inter alia, to foster
co-operation and Coordination with other standards bodies,
with the Telecommunication Standardization Sector, the
Telecommunication Development Sector and the General
Secretariat; |
160g |
(5) adopt its own working procedures compatible with
those adopted by the radiocommunication assembly; |
160h |
(6) prepare a report for the Director of the
Radiocommunication Bureau indicating action in respect of the
above items; |
Article 12 |
Radiocommunication Bureau |
161 |
1. The Director of the Radiocommunication Bureau
shall organize and coordinate the work of the
Radiocommunication Sector. The duties of the Bureau are
supplemented by those specified in provisions of the Radio
Regulations. |
162 |
2. The Director shall, in particular, |
163 |
(1) in relation to radiocommunication conferences: |
164 |
a) co-ordinate the preparatory work of the study groups
and the Bureau, communicate to the Member States and Sector
Members the results of this preparatory work, collect their
comments and submit a consolidated report to the conference
which may include proposals of a regulatory nature; |
165 |
b) participate as of right, but in an advisory capacity,
in the deliberations of the radiocommunication assembly and
of the radiocommunication study groups. The Director shall
make all necessary preparations for radiocommunication
conferences and meetings of the Radiocommunication Sector in
consultation with the General Secretariat in accordance with
No. 94 of this Convention and, as appropriate, with the other
Sectors of the Union, and with due regard for the directives
of the Council in carrying out these preparations; |
166 |
c) provide assistance to the developing countries in
their preparations for radiocommunication conferences. |
167 |
(2) in relation to the Radio Regulations Board: |
168 |
a) prepare and submit draft Rules of Procedure for
approval by the Radio Regulations Board; they shall include,
inter alia, calculation methods and data required for the
application of the provisions of the Radio Regulations; |
169 |
b) distribute to all Member States the Rules of Procedure
of the Board and collect comments thereon received from
administrations; |
170 |
c) process information received from administrations in
application of the relevant provisions of the Radio
Regulations and regional agreements and prepare it, as
appropriate, in a form suitable for publication; |
171 |
d) apply the Rules of Procedure approved by the Board,
prepare and publish findings based on those Rules, and submit
to the Board any review of a finding which is requested by an
administration and which cannot be resolved by the use of
those Rules of Procedure; |
172 |
e) in accordance with the relevant provisions of the
Radio Regulations, effect an orderly recording and
registration of frequency assignments and, where appropriate,
the associated orbital characteristics, and keep up to date
the Master International Frequency Register; review entries
in that Register with a view to amending or eliminating, as
appropriate, those which do not reflect actual frequency
usage, in agreement with the administration concerned; |
173 |
f) assist in the resolution of cases of harmful
interference, at the request of one or more of the interested
administrations, and where necessary, make investigations and
prepare, for consideration by the Board, a report including
draft recommendations to the administrations concerned; |
174 |
g) act as executive secretary to the Board; |
175 |
(3) coordinate the work of the radiocommunication study
groups and be responsible for the organization of that
work; |
175a |
(3bis) provide the necessary support for the
radiocommunication advisory group, and report each year to
Member States and Sector Members and to the Council on the
results of the work of the advisory group. |
175b |
(3ter) take practical measures to facilitate the
participation of developing countries in the
radiocommunication study groups. |
176 |
(4) also undertake the following: |
177 |
a) carry out studies to furnish advice with a view to the
operation of the maximum practicable number of radio channels
in those portions of the spectrum where harmful interference
may occur, and with a view to the equitable, effective and
economical use of the geostationary-satellite and other
satellite orbits, taking into account the needs of Member
States requiring assistance, the specific needs of developing
countries, as well as the special geographical situation of
particular countries; |
178 |
b) exchange with Member States and Sector Members data in
machine-readable and other forms, prepare and keep up to date
any documents and databases of the Radiocommunication Sector,
and arrange, with the Secretary-General, as appropriate, for
their publication in the working languages of the Union in
accordance with No. 172 of the Constitution; |
179 |
c) maintain such essential records as may be
required; |
180 |
d) submit to the world radiocommunication conference a
report on the activities of the Radiocommunication Sector
since the last conference; if a world radiocommunication
conference is not planned, a report on the activities of the
Sector covering the two-year period since the last conference
shall be submitted to the Council and, for information, to
Member States and Sector Members; |
181 |
e) prepare a cost-based budget estimate for the
requirements of the Radiocommunication Sector and transmit it
to the Secretary-General for consideration by the
Coordination Committee and inclusion in the Union's
budget; |
181a |
f) prepare an annual operational plan and financial plan
of activities to be undertaken by the Bureau in support of
the Sector as a whole, to be reviewed by the
radiocommunication advisory group in accordance with Article
11 A of this Convention and provided to the Council. |
182 |
3. The Director shall choose the technical and
administrative personnel of the Bureau within the framework
of the budget as approved by the Council. The appointment of
the technical and administrative personnel is made by the
Secretary-General in agreement with the Director. The final
decision for appointment or dismissal rests with the
Secretary-General. |
183 |
4. The Director shall provide technical support,
as necessary, to the Telecommunication Development Sector
within the framework of the Constitution and this
Convention. |
Section 6 |
Telecommunication Standardization
Sector |
Article 13 |
World Telecommunication |
Standardization Assembly |
184 |
1. In accordance with No. 104 of the Constitution,
a world telecommunication standardization assembly shall be
convened to consider specific matters related to
telecommunication standardization. |
185 |
2. The questions to be studied by a world
telecommunication standardization assembly, on which
recommendations shall be issued, shall be those adopted
pursuant to its own procedures or referred to it by the
Plenipotentiary Conference, any other conference, or the
Council. |
186 |
3. In accordance with No. 104 of the Constitution,
the assembly shall: |
187 |
a) consider the reports of study groups prepared in
accordance with No. 194 of this Convention and approve,
modify or reject draft recommendations contained in those
reports, and consider the reports of the telecommunication
standardization advisory group in accordance with Nos. 197i
and 197k of this Convention; |
188 |
b) bearing in mind the need to keep the demands on the
resources of the Union to a minimum, approve the programme of
work arising from the review of existing questions and new
questions and determine the priority, urgency, estimated
financial implications and time-scale for the completion of
their study; |
189 |
c) decide, in the light of the approved programme of work
derived from No. 188 above, on the need to maintain,
terminate or establish study groups and allocate to each of
them the questions to be studied; |
190 |
d) group, as far as practicable, questions of interest to
the developing countries to facilitate their participation in
these studies; |
191 |
e) consider and approve the report of the Director on the
activities of the Sector since the last conference. |
191a |
4. A world telecommunication standardization
assembly may assign specific matters within its competence to
the telecommunication standardization advisory group
indicating the action required on those matters. |
191b |
5. A world telecommunication standardization
assembly shall be presided over by a person designated by the
government of the country in which the meeting is held or, in
the case of a meeting held at the seat of the Union, by a
person elected by the assembly itself. The Chairman shall be
assisted by Vice-Chairmen elected by the assembly. |
Article 14 |
Telecommunication Standardization |
Study Groups |
192 |
1. (1) Telecommunication standardization study
groups shall study questions adopted in accordance with a
procedure established by the world telecommunication
standardization assembly and prepare draft recommendations to
be adopted in accordance with the procedure set forth in Nos.
246a to 247 of this Convention. |
193 |
(2) The study groups shall, subject to No. 195 below,
study technical, operating and tariff questions and prepare
recommendations on them with a view to standardizing
telecommunications on a worldwide basis, including
recommendations on interconnection of radio systems in public
telecommunication networks and on the performance required
for these interconnections. Technical or operating questions
specifically related to radiocommunication as enumerated in
Nos. 151 to 154 of this Convention shall be within the
purview of the Radiocommunication Sector. |
194 |
(3) Each study group shall prepare for the world
telecommunication standardization assembly a report
indicating the progress of work, the recommendations adopted
in accordance with the consultation procedure contained in
No. 192 above, and any draft new or revised recommendations
for consideration by the assembly. |
195 |
2. Taking into account No. 105 of the
Constitution, the tasks enumerated in No. 193 above and those
enumerated in Nos. 151 to 154 of this Convention in relation
to the Radiocommunication Sector shall be kept under
continuing review by the Telecommunication Standardization
Sector and the Radiocommunication Sector with a view to
reaching common agreement on changes in the distribution of
matters under study. The two Sectors shall cooperate closely
and adopt procedures to conduct such a review and reach
agreements in a timely and effective manner. If agreement is
not reached, the matter may be submitted through the Council
to the Plenipotentiary Conference for decision. |
196 |
3. In the performance of their studies, the
telecommunication standardization study groups shall pay due
attention to the study of questions and to the formulation of
recommendations directly connected with the establishment,
development and improvement of telecommunications in
developing countries at both the regional and international
levels. They shall conduct their work giving due
consideration to the work of national, regional and other
international standardization organizations, and cooperate
with them, keeping in mind the need for the Union to maintain
its pre-eminent position in the field of worldwide
standardization for telecommunications. |
197 |
4. For the purpose of facilitating the review of
activities in the Telecommunication Standardization Sector,
measures should be taken to foster co-operation and
Coordination with other organizations concerned with
telecommunication standardization and with the
Radiocommunication Sector and the Telecommunication
Development Sector. A world telecommunication standardization
assembly shall determine the specific duties, conditions of
participation and rules of procedure for these measures. |
Article 14a |
Telecommunication Standardization |
Advisory Group |
197a |
1. The telecommunication standardization advisory
group shall be open to representatives of administrations of
Member States and representatives of Sector Members and to
chairmen of the study groups. |
197b |
2. The telecommunication standardization advisory
group shall: |
197c |
(1) review priorities, programmes, operations, financial
matters and strategies for activities in the
Telecommunication Standardization Sector; |
197d |
(2) review progress in the implementation of the
programme of work established under No. 188 of this
Convention; |
197e |
(3) provide guidelines for the work of study groups; |
197f |
(4) recommend measures, inter alia, to foster
co-operation and Coordination with other relevant bodies,
with the Radiocommunication Sector, the Telecommunication
Development Sector and the General Secretariat; |
197g |
(5) adopt its own working procedures compatible with
those adopted by the world telecommunication standardization
assembly; |
197h |
(6) prepare a report for the Director of the
Telecommunication Standardization Bureau indicating action in
respect of the above items. |
197i |
(7) prepare a report for the world telecommunication
standardization assembly on the matters assigned to it in
accordance with No. 191a and transmit it to the Director for
submission to the assembly. |
Article 15 |
Telecommunication Standardization
Bureau |
198 |
1. The Director of the Telecommunication
Standardization Bureau shall organize and coordinate the work
of the Telecommunication Standardization Sector. |
199 |
2. The Director shall, in particular: |
200 |
a) update annually the work programme approved by the
world telecommunication standardization assembly, in
consultation with the chairmen of the telecommunication
standardization study groups; |
201 |
b) participate, as of right, but in an advisory capacity,
in the deliberations of the world telecommunication
standardization assemblies and of the telecommunication
standardization study groups. The Director shall make all
necessary preparations for assemblies and meetings of the
Telecommunication Standardization Sector in consultation with
the General Secretariat in accordance with No. 94 of this
Convention and, as appropriate, with the other Sectors of the
Union, and with due regard for the directives of the Council
concerning these preparations; |
202 |
c) process information received from administrations in
application of the relevant provisions of the Intentional
Telecommunication Regulations or decisions of the world
telecommunication standardization assembly and prepare it,
where appropriate, in a suitable form for publication; |
203 |
d) exchange with Member States and Sector Members data in
machine-readable and other forms, prepare and, as necessary,
keep up to date any documents and databases of the
Telecommunication Standardization Sector, and arrange with
the Secretary-General, where appropriate, for their
publication in the working languages of the Union in
accordance with No. 172 of the Constitution; |
204 |
e) submit to the world telecommunication standardization
assembly a report on the activities of the Sector since the
last assembly; the Director shall also submit to the Council
and to the Member States and Sector Members such a report
covering the two-year period since the last assembly, unless
a second assembly is convened; |
205 |
f) prepare a cost-based budget estimate for the
requirements of the Telecommunication Standardization Sector
and transmit it to the Secretary-General for consideration by
the Coordination Committee and inclusion in the Union's
budget. |
205a |
g) prepare an annual operational plan and financial plan
of activities to be undertaken by the Bureau in support of
the Sector as a whole, to be reviewed by the
telecommunication standardization advisory group and provided
to the Council; |
205b |
h) provide the necessary support for the
telecommunication standardization advisory group, and report
each year to Member States and Sector Members and to the
Council on the results of its work; |
205c |
i) provide assistance to developing countries in the
preparatory work for world standardization assemblies,
particularly with regard to matters of a priority nature for
those countries. |
206 |
3. The Director shall choose the technical and
administrative personnel of the Telecommunication
Standardization Bureau within the framework of the budget as
approved by the Council. The appointment of the technical and
administrative personnel is made by the Secretary-General in
agreement with the Director. The final decision on
appointment or dismissal rests with the
Secretary-General. |
207 |
4. The Director shall provide technical support,
as necessary, to the Telecommunication Development Sector
within the framework of the Constitution and this
Convention. |
Section 7 |
Telecommunication Development Sector |
Article 16 |
Telecommunication Development
Conferences |
208 |
1. In accordance with No. 118 of the Constitution,
the duties of the telecommunication development conferences
shall be as follows: |
209 |
a) world telecommunication development conferences shall
establish work programmes and guidelines for defining
telecommunication development questions and priorities and
shall provide direction and guidance for the work programme
of the Telecommunication Development Sector. They may set up
study groups, as necessary; |
210 |
b) regional telecommunication development conferences may
give advice to the Telecommunication Development Bureau
concerning the specific telecommunication requirements and
characteristics of the region concerned, and may also submit
recommendations to world telecommunication development
conferences; |
211 |
c) the telecommunication development conference should
fix the objectives and strategies for the balanced worldwide
and regional development of telecommunications, giving
particular consideration to the expansion and modernization
of the networks and services of the developing countries as
well as the mobilization of the resources required for this
purpose. They shall serve as a forum for the study of policy,
organizational, operational, regulatory, technical and
financial questions and related aspects, including the
identification and implementation of new sources of
funding; |
212 |
d) world and regional telecommunication development
conferences, within their respective sphere of competence,
shall consider reports submitted to them and evaluate the
activities of the Sector; they may also consider
telecommunication development aspects related to the
activities of the other Sectors of the Union. |
213 |
2. The draft agenda of telecommunication
development conferences shall be prepared by the Director of
the Telecommunication Development Bureau and be submitted by
the Secretary-General to the Council for approval with the
concurrence of a majority of the Member States in the case of
a world conference, or of a majority of the Member States
belonging to the region concerned in the case of a regional
conference, subject to the provisions of No. 47 of this
Convention. |
213a |
3. A world telecommunication development
conference may refer specific matters within its competence
to the telecommunication development advisory group for
advice. |
Article 17 |
Telecommunication Development |
Study Groups |
214 |
1. Telecommunication development study groups
shall deal with specific telecommunication questions of
general interest to developing countries, including the
matters enumerated in No. 211 above. Such study groups shall
be limited in number and created for a limited period of
time, subject to the availability of resources, shall have
specific terms of reference on questions and matters of
priority to developing countries and shall be
task-oriented. |
215 |
2. Taking into account No. 119 of the
Constitution, the Radiocommunication, Telecommunication
Standardization and Telecommunication Development Sectors
shall keep the matters under study under continuing review
with a view to reaching agreement on the distribution of
work, avoiding duplication of effort and improving
coordination. The Sectors shall adopt procedures to conduct
such reviews and reach such agreement in a timely and
effective manner. |
215a |
3. Each telecommunication development study group
shall prepare for the world telecommunication development
conference a report indicating the progress of work and any
draft new or revised recommendations for consideration by the
conference. |
215b |
4. Telecommunication development study groups
shall study questions and prepare draft recommendations to be
adopted in accordance with the procedures set out in Nos.
246a to 247 of this Convention. |
Article 17a |
Telecommunication Development |
Advisory Group |
215c |
1. The telecommunication development advisory
group shall be open to representatives of administrations of
Member States and representatives of Sector Members and to
chairmen and vice-chairmen of study groups. |
215d |
2. The telecommunication development advisory
group shall: |
215e |
(1) review priorities, programmes, operations, financial
matters and strategies for activities in the
Telecommunication Development Sector; |
215f |
(2) review progress in the implementation of the
programme of work established under No. 209 of this
Convention; |
215g |
(3) provide guidelines for the work of study groups; |
215h |
(4) recommend measures, inter alia, to foster
co-operation and coordination with the Radiocommunication
Sector, the Telecommunication Standardization Sector and the
General Secretariat, as well as with other relevant
development and financial institutions. |
215i |
(5) adopt its own working procedures compatible with
those adopted by the world telecommunication development
conference. |
215j |
(6) prepare a report for the Director of the
Telecommunication Development Bureau indicating action in
respect of the above items. |
215k |
3. Representatives of bilateral co-operation and
development aid agencies and multilateral development
institutions may be invited by the Director to participate in
the meetings of the advisory group. |
Article 18 |
Telecommunication Development Bureau |
216 |
1. The Director of the Telecommunication
Development Bureau shall organize and coordinate the work of
the Telecommunication Development Sector. |
217 |
2. The Director shall, in particular: |
218 |
a) participate as of right, but in an advisory capacity,
in the deliberations of the telecommunication development
conferences and of the telecommunication development study
groups. The Director shall make all necessary preparations
for conferences and meetings of the Telecommunication
Development Sector in consultation with the General
Secretariat in accordance with No. 94 of this Convention and,
as appropriate, with the other Sectors of the Union, and with
due regard for the directives of the Council in carrying out
these preparations; |
219 |
b) process information received from administrations in
application of the relevant resolutions and decisions of the
Plenipotentiary Conference and telecommunication development
conferences and prepare it, where appropriate, in a suitable
form for publication; |
220 |
c) exchange with members data in machine-readable and
other forms, prepare and, as necessary, keep up to date any
documents and databases of the Telecommunication Development
Sector, and arrange with the Secretary-General, as
appropriate, for their publication in the working languages
of the Union in accordance with No. 172 of the
Constitution; |
221 |
d) assemble and prepare for publication, in cooperation
with the General Secretariat and the other Sectors of the
Union, both technical and administrative information that
might be especially useful to developing countries in order
to help them to improve their telecommunication networks.
Their attention shall also be drawn to the possibilities
offered by the international programmes under the auspices of
the United Nations; |
222 |
e) submit to the world telecommunication development
conference a report on the activities of the Sector since the
last conference; the Director shall also submit to the
Council and to the Member States and Sector Members such a
report covering the two-year period since the last
conference; |
223 |
f) prepare a cost-based budget estimate for the
requirements of the Telecommunication Development Sector and
transmit it to the Secretary-General for consideration by the
Coordination Committee and inclusion in the Union's
budget; |
223a |
g) prepare an annual operational plan and financial plan
of activities to be undertaken by the Bureau in support of
the Sector as a whole, to be reviewed by the
telecommunication development advisory group and provided to
the Council; |
223b |
h) provide the necessary support for the
telecommunication development advisory group, and report each
year to the Member States and Sector Members and to the
Council on the results of its work. |
224 |
3. The Director shall work collegially with the
other elected officials in order to ensure that the Union's
catalytic role in stimulating telecommunication development
is strengthened and shall make the necessary arrangements
with the Director of the Bureau concerned for initiating
suitable action, including the convening of information
meetings on the activities of the Sector concerned. |
225 |
4. At the request of the Member States concerned,
the Director, with the assistance of the Directors of the
other Bureaux and, where appropriate, the Secretary-General,
shall study and offer advice concerning their national
telecommunication problems; where a comparison of technical
alternatives is involved, economic factors may be taken into
consideration. |
226 |
5. The Director shall choose the technical and
administrative personnel of the Telecommunication Development
Bureau within the framework of the budget as approved by the
Council. The appointment of the personnel is made by the
Secretary-General in agreement with the Director. The final
decision for appointment or dismissal rests with the
Secretary-General. |
227 |
deleted. |
Section 8 |
Provisions Common to the Three
Sectors |
Article 19 |
Participation of Entities |
and Organizations Other than |
Administrations in the Union's
Activities |
228 |
1. The Secretary-General and the Directors of the
Bureaux shall encourage the enhanced participation in the
activities of the Union of the following entities and
organizations: |
229 |
a) recognized operating agencies, scientific or
industrial organizations and financial or development
institutions which are approved by the Member State
concerned; |
230 |
b) other entities dealing with telecommunication matters
which are approved by the Member State concerned; |
231 |
c) regional and other international telecommunication,
standardization, financial or development organizations. |
232 |
2. The Directors of the Bureaux shall maintain
close working relations with those entities and organizations
which are authorized to participate in the activities of one
or more of the Sectors of the Union. |
233 |
3. Any request from an entity listed in No. 229
above to participate in the work of a Sector, in accordance
with the relevant provisions of the Constitution and this
Convention, approved by the Member State concerned shall be
forwarded by the latter to the Secretary-General. |
234 |
4. Any request from an entity referred to in No.
230 above submitted by the Member State concerned shall be
handled in conformity with a procedure established by the
Council. Such a request shall be reviewed by the Council with
respect to its conformity with the above procedure. |
234a |
4bis. Alternatively, a request from an entity
listed in No. 229 or 230 above to become a Sector Member may
be sent direct to the Secretary-General. Those Member States
authorising such entities to send a request directly to the
Secretary-General shall inform the latter accordingly.
Entities whose Member State has not provided such notice to
the Secretary-General shall not have the option of direct
application. The Secretary-General shall regularly update and
publish a list of those Member States that have authorised
entities under their jurisdiction or sovereignty to apply
directly. |
234b |
4ter. Upon receipt, directly from an entity, of a
request under No. 234a above, the Secretary-General shall, on
the basis of criteria defined by the Council, ensure that the
function and purposes of the candidate are in conformity with
the purposes of the Union. The Secretary-General shall then,
without delay, inform the applicant's Member State inviting
approval of the application. If the Secretary-General
receives no objection from the Member State within four
months a reminder telegram shall be sent. If the
Secretary-General receives no objection within four months
after the date of dispatch of the reminder telegram, the
application shall be regarded as approved. If an objection is
received from the Member State by the Secretary-General, the
applicant shall be invited by the secretary-general to
contact the Member State concerned. |
234c |
4quater. When authorising direct application, a
Member State may notify the Secretary-General that it assigns
authority to the Secretary-General to approve any application
by an entity under its jurisdiction or sovereignty. |
235 |
5. Any request from any entity or organization
listed in No. 231 above (other than those referred to in Nos.
260 and 261 of this Convention) to participate in the work of
a Sector shall be sent to the Secretary-General and acted
upon in accordance with procedures established by the
Council. |
236 |
6. Any request from an organization referred to in
Nos. 260 to 262 of this Convention to participate in the work
of a Sector shall be sent to the Secretary-General, and the
organization concerned shall be included in the lists
referred to in No. 237 below. |
237 |
7. The Secretary-General shall compile and
maintain lists of all entities and organizations referred to
in Nos. 229 to 231 and Nos. 260 to 262 of this Convention
that are authorised to participate in the work of each Sector
and shall, at appropriate intervals, publish and distribute
these lists to all Member States and Sector Members concerned
and to the Director of the Bureau concerned. That Director
shall advise such entities and organizations of the action
taken on their requests, and shall inform the relevant Member
States. |
238 |
8. The conditions of participation in the Sectors
by entities and organizations contained in the lists referred
to in No. 237 above are specified in this Article, in Article
33 and in other relevant provisions of this Convention. The
provisions of Nos. 25 to 28 of the Constitution do not apply
to them. |
239 |
9. A Sector Member may act on behalf of the Member
State which has approved it, provided that the Member State
informs the Director of the Bureau concerned that it is
authorised to do so. |
240 |
10. Any Sector Member has the right to denounce
such participation by notifying the Secretary-General. Such
participation may also be denounced, where appropriate, by
the Member State connected or, in case of the Sector Member
approved pursuant to No. 234c above, in accordance with
criteria and procedures determined by the Council. Such
denunciation shall take effect at the end of one year from
the date when notification is received by the
Secretary-General. |
241 |
11. The Secretary-General shall delete from the
list of entities and organizations any entity or organization
that is no longer authorized to participate in the work of a
Sector, in accordance with criteria and procedures determined
by the Council. |
241a |
12. The assembly or conference of a Sector may
decide to admit entities or organizations to participate as
Associates in the work of a given study group or subgroups
thereof following the principles set out below: |
241b |
(1) An entity or organization referred to in Nos. 229 to
231 above may apply to participate in the work of a given
study group as an Associate; |
241c |
(2) In cases where a Sector has decided to admit
Associates, the Secretary-General shall apply to the
applicants the relevant provisions of this Article, taking
account of the size of the entity or organization and any
other relevant criteria; |
241d |
(3) Associates admitted to participate in a given study
group are not entered in the list referred to in No. 237
above; |
241e |
(4) The conditions governing participation in the work of
a study group are specified in Nos. 248b and 483a of this
Convention. |
Article 20 |
Conduct of Business of Study Groups |
242 |
1. The radiocommunication assembly, the world
telecommunication standardization assembly and the world
telecommunication development conference shall appoint the
chairman and one vice-chairman or more for each study group.
In appointing chairmen and vice-chairmen, particular
consideration shall be given to the requirements of
competence and equitable geographical distribution, and to
the need to promote more efficient participation by the
developing countries. |
243 |
2. If the workload of any study group requires,
the assembly or conference shall appoint such additional
vice-chairmen as it deems necessary. |
244 |
3. If, in the interval between two assemblies or
conferences of the Sector concerned, a study group Chairman
is unable to carry out his duties and only one Vice-Chairman
has been appointed, then that Vice-Chairman shall take the
Chairman's place. In the case of a study group for which more
than one Vice-Chairman has been appointed, the study group at
its next meeting shall elect a new Chairman from among those
Vice-Chairman and, if necessary, a new Vice-Chairman from
among the members of the study group. It shall likewise elect
a new Vice-Chairman if one of the Vice-Chairmen is unable to
carry out his duties during that period. |
245 |
4. Study groups shall conduct their work as far as
possible by correspondence, using modern means of
communication. |
246 |
5. The Director of the Bureau of each Sector, on
the basis of the decisions of the competent conference or
assembly, after consultation with the Secretary-General and
coordination as required by the Constitution and Convention,
shall draw up the general plan of study group meetings. |
246a |
5bis. (1) Member States and Sector Members shall
adopt questions to be studied in accordance with procedures
established by the relevant conference or assembly, as
appropriate, including the indication whether or not a
resulting recommendation shall be the subject of a formal
consultation of Member States. |
246b |
(2) Recommendations resulting from the study of the above
questions are adopted by a study group in accordance with
procedures established by the relevant conference or
assembly, as appropriate. Those recommendations which do not
require formal consultation of Member States for their
approval shall be considered as approved. |
246c |
(3) A recommendation requiring formal consultation of
Member States shall be either treated in accordance with No.
247 below or transmitted to the relevant conference or
assembly, as appropriate. |
246d |
(4) Nos. 246a and 246b above shall not be used for
questions and recommendations having podgy or regulatory
implications such as: |
246e |
a) questions and recommendations approved by the
Radiocommunication Sector relevant to the work of
radiocommunication conferences, and other categories of
questions and recommendations that may be decided by the
radiocommunication assembly; |
246f |
b) questions and recommendations approved by the
Telecommunication Standardization Sector which relate to
tariff and accounting issues, and relevant numbering and
addressing plans; |
246g |
c) questions and recommendations approved by the
Telecommunication Development Sector which relate to
regulatory, policy and financial issues; |
246h |
d) questions and recommendations where there is any doubt
about their scope. |
247 |
6. Study groups may initiate action for obtaining
approval from Member States for recommendations completed
between two assemblies or conferences. The procedures to be
applied for obtaining such approval shall be those approved
by the competent assembly or conference, as appropriate. |
247a |
6bis. Recommendations approved in application of
Nos. 246b or 247 above shall have the same status as ones
approved by the conference or assembly itself. |
248 |
7. Where necessary, joint working parties may be
established for the study of questions requiring the
participation of experts from several study groups. |
248a |
7bis. Following a procedure developed by the
Sector concerned, the Director of a Bureau may, in
consultation with the chairman of the study group concerned,
invite an organization which does not participate in the
Sector to send representatives to take part in the study of a
specific matter in the study group concerned or its
subordinate groups. |
248b |
7ter. An Associate, as referred to in No. 241a of
this Convention, will be permitted to participate in the work
of the selected study group without taking part in any
decision-making or liaison activity of that study group. |
249 |
8. The Director of the relevant Bureau shall send
the final reports of the study groups to the administrations,
organizations and entities participating in the Sector. Such
reports shall include a list of the recommendations approved
in conformity with No. 247 above. These reports shall be sent
as soon as possible and, in any event, in time for them to be
received at least one month before the date of the next
session of the conference concerned. |
Article 21 |
Recommendations from |
One Conference to Another |
250 |
1. Any conference may submit to another conference
of the Union recommendations within its field of
competence. |
251 |
2. Such recommendations shall be sent to the
Secretary-General in good time for assembly, coordination and
communication, as laid down in No. 320 of this
Convention. |
Article 22 |
Relations Between Sectors |
and With International Organizations |
252 |
1. The Directors of the Bureaux may agree, after
appropriate consultation and coordination as required by the
Constitution, the Convention and the decisions of the
competent conferences or assemblies, to organize joint
meetings of study groups of two or three Sectors, in order to
study and prepare draft recommendations on questions of
common interest. Such draft recommendations shall be
submitted to the competent conferences or assemblies of the
Sectors concerned. |
253 |
2. Conferences or meetings of a Sector may be
attended in an advisory capacity by the Secretary-General,
the Deputy Secretary-General, the Directors of the Bureaux of
the other Sectors, or their representatives, and members of
the Radio Regulations Board. If necessary, they may invite,
in an advisory capacity, representatives of the General
Secretariat or of any other Sector which has not considered
it necessary to be represented. |
254 |
3. When a Sector is invited to participate in a
meeting of an international organization, its Director is
authorized to make arrangements for its representation in an
advisory capacity, taking into account the provisions of No.
107 of this Convention. |
|
Chapter II |
GENERAL PROVISIONS |
REGARDING CONFERENCES |
AND ASSEMBLIES |
Article 23 |
Invitation and Admission |
to Plenipotentiary Conferences |
when There is an Inviting Government |
255 |
1. The precise place and the exact dates of the
Conference shall be fixed in accordance with the provisions
of Article 1 of this Convention, following consultations with
the inviting government. |
256 |
2. (1) One year before the date of opening of the
conference, the inviting government shall send an invitation
to the government of each Member State. |
257 |
(2) These invitations may be sent directly or through the
Secretary-General or through another government. |
258 |
3. The Secretary-General shall invite the
following organizations to send observers: |
259 |
a) the United Nations; |
260 |
b) regional telecommunication organizations mentioned in
Article 43 of the Constitution; |
261 |
c) intergovernmental organizations operating satellite
systems; |
262 |
d) the specialized agencies of the United Nations and the
International Atomic Energy Agency. |
262a |
e) Sector Members referred to in Nos. 229 and 231 of this
Convention and organizations of an international character
representing them. |
263 |
4. (1) The replies of the Member States must reach
the inviting government at least one month before the date of
opening of the conference and should include whenever
possible full information on the composition of the
delegation. |
264 |
(2) These replies may be sent directly to the inviting
government or through the Secretary-General or through
another government. |
265 |
(3) The replies of the organizations and agencies
referred to in Nos. 259 to 262A above must reach the
Secretary-General one month before the opening date of the
conference. |
266 |
5. The General Secretariat and the three Bureaux
of the Union shall be represented at the Conference in an
advisory capacity. |
267 |
6. The following shall be admitted to
Plenipotentiary Conferences: |
268 |
a) delegations; |
269 |
b) observers of organizations and agencies invited in
accordance with Nos. 259 to 262a. |
Article 24 |
Invitation and Admission |
to Radiocommunication Conferences |
when There is an Inviting Government |
270 |
1. The precise place and exact dates of the
conference shall be fixed in accordance with the provisions
of Article 3 of this Convention, following consultations with
the inviting government. |
271 |
2. (1) The provisions of Nos. 256 to 265 of this
Convention shall apply to radiocommunication
conferences. |
272 |
(2) Member States should inform the Sector Members of the
invitation they have received to participate in a
radiocommunication conference. |
273 |
3. (1) The inviting government, in agreement with
or on a proposal by the Council, may notify the international
organizations other than those referred to in Nos. 259 to 262
of this Convention which may be interested in sending
observers to participate in the conference in an advisory
capacity. |
274 |
(2) The interested international organizations referred
to in No. 273 above shall send an application for admission
to the inviting government within a period of two months from
the date of notification. |
275 |
(3) The inviting government shall assemble the requests
and the conference itself shall decide whether the
organizations concerned are to be admitted. |
276 |
4. The following shall be admitted to
radiocommunication conferences: |
277 |
a) delegations; |
278 |
b) observers of organizations and agencies referred to in
Nos. 259 to 262 of this Convention; |
279 |
c) observers of international organizations admitted in
accordance with Nos. 273 to 275 above; |
280 |
d) observers representing Sector Members of the
Radiocommunication Sector duly authorised by the Member State
concerned; |
281 |
e) in an advisory capacity, the elected officials, when
the conference is discussing matters coming within their
competence, and the members of the Radio Regulations
Board; |
282 |
f) observers of Member States participating in a
non-voting capacity in a regional radiocommunication
conference of a region other than that to which the said
Member States belong. |
Article 25 |
Invitation and Admission |
to Radiocommunication Assemblies, |
World Telecommunication Standardization
Assemblies and Telecommunication |
Development Conferences |
when There is an Inviting Government |
283 |
1. The precise place and exact dates of each
assembly or conference shall be fixed in accordance with the
provisions of Article 3 of this Convention, following
consultations with the inviting government. |
284 |
2. One year before the date of the opening of the
assembly or conference, the Secretary-General, after
consultation with the Director of the Bureau concerned, shall
send an invitation to: |
285 |
a) the administration of each Member State; |
286 |
b) the Sector Members concerned; |
287 |
c) regional telecommunication organizations mentioned in
Article 43 of the Constitution; |
288 |
d) intergovernmental organizations operating satellite
systems; |
289 |
e) any other regional organization or other international
organization dealing with matters of interest to the assembly
or conference. |
290 |
3. The Secretary-General shall also invite the
following organizations or agencies to send observers: |
291 |
a) the United Nations; |
292 |
b) the specialized agencies of the United Nations and the
International Atomic Energy Agency. |
293 |
4. The replies must reach the Secretary-General at
least one month before the date of opening of the assembly or
conference and should, whenever possible, include full
information on the composition of the delegation or
representation. |
294 |
5. The General Secretariat and the elected
officials of the Union shall be represented at the assembly
or conference in an advisory capacity. |
295 |
6. The following shall be admitted to the assembly
or conference: |
296 |
a) delegations; |
297 |
b) observers of organizations and agencies invited in
accordance with Nos. 287 to 289 and 291 and 292 above; |
298 |
c) representatives of Sector Members concerned. |
Article 26 |
Procedure for Convening |
or Cancelling World Conferences |
or Assemblies at the Request of |
Member States or on a Proposal of the
Council |
299 |
1. The procedures to be applied for convening a
second world telecommunication standardization assembly in
the interval between successive plenipotentiary conferences
and fixing its precise place and exact dates or for
cancelling the second world radiocommunication conference or
the second radiocommunication assembly are set forth in the
following provisions. |
300 |
2. (1) Any Member State wishing to have a second
world telecommunication standardization assembly convened
shall so inform the Secretary-General, indicating the
proposed place and dates of the assembly. |
301 |
(2) On receipt of similar requests from at least
one-quarter of the Member States, the Secretary-General shall
inform immediately all Member States thereof by the most
appropriate means of telecommunication, asking them to
indicate, within six weeks, whether or not they agree to the
proposal. |
302 |
(3) If a majority of the Member States, determined in
accordance with No. 47 of this Convention, agree to the
proposal as a whole, that is to say, if they accept the
proposed place and dates, the Secretary-General shall so
inform immediately all Member States by the most appropriate
means of telecommunication. |
303 |
(4) If the proposal accepted is for an assembly elsewhere
than at the seat of the Union, the Secretary-General, with
the assent of the government concerned, shall take the
necessary steps to convene the assembly. |
304 |
(5) If the proposal as a whole (place and dates) is not
accepted by the majority of the Member States determined in
accordance with No. 47 of this Convention, the
Secretary-General shall inform the Member States of the
replies received, requesting them to give a final reply on
the point or points under dispute within six weeks of
receipt. |
305 |
(6) Such points shall be regarded as adopted when they
have been approved by a majority of the Member States,
determined in accordance with No. 47 of this Convention. |
306 |
3. (1) Any Member State wishing to have a second
world radiocommunication conference or a second
radiocommunication assembly cancelled shall so inform the
Secretary-General. On receipt of similar requests from at
least one quarter of the Member States, the Secretary-General
shall inform immediately all Member States thereof by the
most appropriate means of telecommunication, asking them to
indicate, within six weeks, whether or not they agree to the
proposal. |
307 |
(2) If a majority of the Member States, determined in
accordance with No. 47 of this Convention, agrees to the
proposal, the Secretary-General shall so inform immediately
all Member States by the most appropriate means of
telecommunication and the conference or assembly shall be
cancelled. |
308 |
4. The procedures indicated in Nos. 301 to 307
above, with the exception of No. 306, shall also be
applicable when the proposal to convene a second world
telecommunication standardization conference or to cancel a
second world radiocommunication conference or a second
radiocommunication assembly is initiated by the Council. |
309 |
5. Any Member State wishing to have a world
conference on international telecommunications convened shall
propose it to the Plenipotentiary Conference; the agenda,
precise place and exact dates of such a conference shall be
determined in accordance with the provisions of Article 3 of
this Convention. |
Article 27 |
Procedure for Convening Regional |
Conferences at the Request of |
Member States or on a Proposal of the
Council |
310 |
In the case of a regional conference, the procedure
described in Nos. 300 to 305 of this Convention shall be
applicable only to the Member States of the region concerned.
If the conference is to be convened on the initiative of the
Member States of the region, it will suffice for the
Secretary-General to receive concordant requests from a
quarter of the total number of Member States in that region.
The procedure described in Nos. 301 to 305 of this Convention
shall also be applicable when the proposal to convene such a
conference is initiated by the Council. |
Article 28 |
Provisions for Conferences |
and Assemblies Meeting |
when There is no Inviting Government |
311 |
When a conference or an assembly is to be held without an
inviting government, the provisions of Articles 23, 24 and 25
of this Convention shall apply. The Secretary-General shall
take the necessary steps to convene and organise the
conference or assembly at the seat of the Union, after
agreement with the Government of the Swiss
Confederation. |
Article 29 |
Change in the Place or Dates |
of a Conference or an Assembly |
312 |
1. The provisions of Articles 26 and 27 of this
Convention for convening a conference or assembly shall
apply, by analogy, when a change in the precise place and/or
exact dates of a conference or assembly is requested by
Member States or is proposed by the Council. However, such
changes shall only be made if a majority of the Member States
concerned, determined in accordance with No. 47 of this
Convention, have pronounced in favour. |
313 |
2. It shall be the responsibility of any Member
State proposing a change in the precise place or exact dates
of a conference or assembly to obtain for its proposal the
support of the requisite number of other Member States. |
314 |
3. Where the issue arises, the Secretary-General
shall indicate, in the communication referred to in No. 301
of this Convention, the probable financial consequences of a
change in the place or dates, as, for example, when there has
been an outlay of expenditure in preparing for the conference
at the place initially chosen. |
Article 30 |
Time-Limits and Conditions for
Submission |
of Proposals and Reports to
Conferences |
315 |
1. The provisions of this Article shall apply to
the Plenipotentiary Conference, world and regional
radiocommunication conferences and world conferences on
international telecommunications. |
316 |
2. Immediately after the invitations have been
despatched, the secretary-general shall ask Member States to
submit, at least four months before the start of the
conference, their proposals for the work of the
conference. |
317 |
3. All proposals the adoption of which will
involve amendment of the text of the Constitution or this
Convention or revision of the Administrative Regulations must
carry references identifying by their marginal numbers those
parts of the text which will require such amendment or
revision. The reasons for the proposal must be given, as
briefly as possible, in each case. |
318 |
4. Each proposal received from a Member State
shall be annotated by the Secretary-General to indicate its
origin by means of the symbol established by the Union for
that Member State. Where a proposal is made jointly by more
than one Member State the proposal shall, to the extent
practicable, be annotated with the symbol of each Member
State. |
319 |
5. The Secretary-General shall communicate the
proposals to all Member States as they are received. |
320 |
6. The Secretary-General shall assemble and
co-ordinate the proposals received from Member States and
shall communicate them to Member States as they are received,
but in any case at least two months before the opening of the
conference. Elected officials and staff members of the Union,
as well as those observers and representatives that may
attend conferences in accordance with the relevant provisions
of this Convention, shall not be entitled to submit
proposals. |
321 |
7. The Secretary-General shall also assemble
reports received from Member States, the Council and the
Sectors of the Union and recommendations by conferences and
shall communicate them to Member States, along with any
reports by the Secretary-General, at least four months before
the opening of the conference. |
322 |
8. Proposals received after the time-limit
specified in No. 316 above shall be communicated to all
Member States by the Secretary-General as soon as
practicable. |
323 |
9. The provisions of the present Article shall
apply without prejudice to the amendment provisions contained
in Article 55 of the Constitution and in Article 42 of this
Convention. |
Article 31 |
Credentials for Conferences |
324 |
1. The delegation sent by a Member State to a
plenipotentiary conference, a radiocommunication conference
or a world conference on international telecommunications
shall be duly accredited in accordance with Nos. 325 to 331
below. |
325 |
2. (1) Accreditation of delegations to
Plenipotentiary Conferences shall be by means of instruments
signed by the Head of State, by the Head of Government or by
the Minister for Foreign Affairs. |
326 |
(2) Accreditation of delegations to the other conferences
referred to in No. 324 above shall be by means of instruments
signed by the Head of State, by the Head of Government, by
the Minister for Foreign Affairs or by the Minister
responsible for questions dealt with during the
conference. |
327 |
(3) Subject to confirmation prior to the signature of the
Final Acts, by one of the authorities mentioned in Nos. 325
or 326 above, a delegation may be provisionally accredited by
the head of the diplomatic mission of the Member State
concerned to the host government. In the case of a conference
held in the Swiss Confederation, a delegation may also be
provisionally accredited by the head of the permanent
delegation of the Member State concerned to the United
Nations Office at Geneva. |
328 |
3. Credentials shall be accepted if they are
signed by one of the competent authorities mentioned in Nos.
325 to 327 above, and fulfil one of the following
criteria: |
329 |
- they confer full powers on the delegation; |
330 |
- they authorize the delegation to represent its
government, without restrictions; |
331 |
- they give the delegation, or certain members thereof,
the right to sign the Final Acts. |
332 |
4. (1) A delegation whose credentials are found to
be in order by the Plenary Meeting shall be entitled to
exercise the right to vote of the Member State concerned,
subject to the provisions of Nos. 169 and 210 of the
Constitution, and to sign the final acts. |
333 |
(2) A delegation whose credentials are found not to be in
order by the Plenary Meeting shall not be entitled to
exercise the right to vote or to sign the Final Acts until
the situation has been rectified. |
334 |
5. Credentials shall be deposited with the
secretariat of the conference as early as possible. The
committee referred to in No. 23 of Rules of Procedure of
conferences and other meetings be entrusted with the
verification thereof and shall report on its conclusions to
the Plenary Meeting within the time specified by the latter.
Pending the decision of the Plenary Meeting thereon, any
delegation shall be entitled to participate in the conference
and to exercise the right to vote of the Member State
concerned. |
335 |
6. As a general rule, Member States should
endeavour to send their own delegations to conferences of the
Union. However, if a Member State is unable, for exceptional
reasons, to send its own delegation, it may give the
delegation of another Member State powers to vote and sign on
its behalf. Such powers must be conveyed by means of an
instrument signed by one of the authorities mentioned in Nos.
325 or 326 above. |
336 |
7. A delegation with the right to vote may give to
another delegation with the right to vote a mandate to
exercise its vote at one or more meetings at which it is
unable to be present. In such a case it shall, in good time,
notify the Chairman of the conference in writing. |
337 |
8. A delegation may not exercise more than one
proxy vote. |
338 |
9. Credentials and transfers of powers sent by
telegram shall not be accepted. Nevertheless, replies sent by
telegram to requests by the Chairman or the secretariat of
the conference for clarification of credentials shall be
accepted. |
339 |
10. A Member State or an authorized entity or
organization intending to send a delegation or
representatives to a telecommunication standardization
assembly, a telecommunication development conference or a
radiocommunication assembly shall so inform the Director of
the Bureau of the Sector concerned, indicating the names and
functions of the members of the delegation or of the
representatives. |
|
deleted. Chapter III |
Article 32 |
Rules of Procedure of Conferences |
and Other Meetings |
339a |
1. The Rules of Procedure of conferences and other
meetings are adopted by the Plenipotentiary Conference. The
provisions governing the procedure for amending those Rules
of Procedure and the entry into force of amendments are
contained in the Rules themselves. |
340 |
2. The Rules of Procedure shall apply without
prejudice to the amendment provisions contained in Article 55
of the Constitution and in Article 42 of this
Convention. |
Article 32a |
Right to Vote |
340a |
1. At all meetings of a conference, assembly or
other meeting, the delegation of a Member State duly
accredited by that Member State to take part in the work of
the conference, assembly or other meeting shall be entitled
to one vote in accordance with Article 3 of the
Constitution. |
340b |
2. The delegation of a Member State shall exercise
the right to vote under the conditions described in Article
31 of this Convention. |
340c |
3. When a Member State is not represented by an
administration at a radiocommunication assembly, a world
telecommunication standardization assembly or a
telecommunication development conference, the representatives
of the recognised operating agencies of the Member State
concerned shall, as a whole, and regardless of their number,
be entitled to a single vote, subject to the provisions of
No. 239 of this Convention. The provisions of Nos. 335 to 338
of this Convention concerning the transfer of powers shall
apply to the above conferences and assemblies. |
Article 32b |
Reservations |
340d |
1. As a general rule, any delegation whose views
are not shared by the remaining delegations shall endeavour,
as far as possible, to conform to the opinion of the
majority. |
340e |
2. Any Member State that, during a plenipotentiary
conference, reserves its right to make reservations as
specified in its declaration when signing the final acts, may
make reservations regarding an amendment to the Constitution
or to this Convention until such time as its instrument of
ratification, acceptance or approval of or accession to the
amendment has been deposited with the Secretary-General. |
340f |
3. If any decision appears to a delegation to be
such as to prevent its government from consenting to be bound
by the revision of the Administrative Regulations, this
delegation may make reservations, final or provisional,
regarding that decision, at the end of the conference
adopting that revision; any such reservations may be made by
a delegation on behalf of a Member State which is not
participating in the competent conference and which has given
that delegation proxy powers to sign the final acts in
accordance with the provisions of Article 31 of this
Convention. |
340g |
4. A reservation made following a conference shall
only be valid if the Member State which made it formally
confirms it when notifying its consent to be bound by the
amended or revised instrument adopted by the conference at
the close of which it made the reservation in question. |
341- |
467 |
deleted. |
|
Chapter IV |
OTHER PROVISIONS |
Article 33 |
Finances |
468 |
1. (1) The scale from which each Member State,
subject to the provisions of No. 468a below, and Sector
Member, subject to the provisions of No. 468b below, shall
choose its class of contribution, in conformity with the
relevant provisions of Article 28 of the Constitution, shall
be as follows: |
|
40 unit class |
8 unit class |
|
35 unit class |
5 unit class |
|
30 unit class |
4 unit class |
|
28 unit class |
3 unit class |
|
25 unit class |
2 unit class |
|
23 unit class |
1 1/2 unit class |
|
20 unit class |
1 unit class |
|
18 unit class |
1/2 unit class |
|
15 unit class |
1/4 unit class |
|
13 unit class |
1/8 unit class |
|
10 unit class |
1/16 unit class |
468a |
(1bis) Only Member States listed by the United Nations as
least developed countries and those determined by the Council
may select the l/8 and 1/16 unit classes of
contribution. |
468b |
(1ter) Sector Members may not select a class of
contribution lower than 1/2 unit, with the exception of
Sector Members of the Telecommunication Development Sector,
which may select the 1/4, 1/8 and 1/16 unit classes. However,
the 1/16 unit class is reserved for Sector Members of
developing countries as determined by the list established by
the United Nations Development Programme (UNDP) to be
reviewed by the ITU Council. |
469 |
(2) In addition to the classes of contribution listed in
No. 468 above, any Member State or Sector Member may choose a
number of contributory units over 40. |
470 |
(3) The Secretary-General shall communicate promptly to
each Member State not represented at the Plenipotentiary
Conference the decision of each Member State as to the class
of contribution to be paid by it. |
471 |
deleted. |
472 |
2. (1) Every new Member State and Sector Member
shall, in respect of the year of its accession or admission,
pay a contribution calculated as from the first day of the
month of accession or admission, as the case may be. |
473 |
(2) Should a Member State denounce the Constitution and
this Convention or a Sector Member denounce its participation
in a Sector, its contribution shall be paid up to the last
day of the month in which such denunciation takes effect in
accordance with No. 237 of the Constitution or No. 240 of
this Convention, respectively. |
474 |
3. The amounts due shall bear interest from the
beginning of the fourth month of each financial year of the
Union at 3% (three per cent) per annum during the following
three months, and at 6% (six per cent) per annum from the
beginning of the seventh month. |
475 |
deleted. |
476 |
4. (1) The organizations referred to in Nos. 259
to 262a of this Convention and other organizations of an
international character (unless they have been exempted by
the Council, subject to reciprocity) and Sector Members
(except when attending a conference or assembly of their
respective Sector) which participate in a plenipotentiary
conference, in a meeting of a Sector of the Union or in a
world conference on international telecommunications shall
share in defraying the expenses of the conferences and
meetings in which they participate on the basis of the cost
of these conferences and meetings and in accordance with the
Financial Regulations. |
477 |
(2) Any Sector Member appearing in the lists mentioned in
No. 237 of this Convention shall share in defraying the
expenses of the Sector in accordance with Nos. 480 and 480a
below. |
478 and |
479 |
deleted. |
480 |
(5) The amount of the contribution per unit payable
towards the expenses of each Sector concerned shall be set at
1/5 of the contributory unit of the Member States. These
contributions shall be considered as Union income. They shall
bear interest in accordance with the provisions of No. 474
above. |
480a |
(5bis) When a Sector Member contributes to defraying the
expenses of the Union under No. 159 of the Constitution, the
Sector for which the contribution is made should be
identified. |
481 to |
483 |
deleted. |
483a |
4bis. Associates as described in No. 241a of this
Convention shall share in defraying the expenses of the
Sector and the study group and subordinate groups in which
they participate, as determined by the Council. |
484 |
5. The Council shall determine criteria for the
application of cost recovery for some products and services
of the Union. |
485 |
6. The Union shall maintain a reserve account in
order to provide working capital to meet essential
expenditures and to maintain sufficient cash reserves to
avoid resorting to loans as far as possible. The amount of
the reserve account shall be fixed annually by the Council on
the basis of expected requirements. At the end of each
biennial budgetary period all budget credits which have not
been expended or encumbered will be placed in the reserve
account. Other details of this account are described in the
Financial Regulations. |
486 |
7. (1) The Secretary-General may, in agreement
with the Coordination Committee, accept voluntary
contributions in cash or kind, provided that the conditions
attached to such voluntary contributions are consistent, as
appropriate, with the purposes and programmes of the Union
and with the programmes adopted by a conference and in
conformity with the Financial Regulations, which shall
contain special provisions for the acceptance and use of such
voluntary contributions. |
487 |
(2) Such voluntary contributions shall be reported by the
Secretary-General to the Council in the financial operating
report as well as in a summary indicating for each case the
origin, proposed use and action taken with respect to each
voluntary contribution. |
Article 34 |
Financial Responsibilities of
Conferences |
488 |
1. Before adopting proposals or taking decisions
with financial implications, the conferences of the Union
shall take account of all the Union's budgetary provisions
with a view to ensuring that they will not result in expenses
beyond the credits which the Council is empowered to
authorize. |
489 |
2. No decision of a conference shall be put into
effect if it will result in a direct or indirect increase in
expenses beyond the credits that the Council is empowered to
authorize. |
Article 35 |
Languages |
490 |
1. (1) Languages other than those mentioned in the
relevant provisions of Article 29 of the Constitution may be
used: |
491 |
a) if an application is made to the Secretary-General to
provide for the use of an additional language or languages,
oral or written, on a permanent or an ad hoc basis, provided
that the additional cost so incurred shall be borne by those
Member States which have made or supported the
application; |
492 |
b) if, at conferences and meetings of the Union, after
informing the Secretary-General or the Director of the Bureau
concerned, any delegation itself makes arrangements at its
own expense for oral translation from its own language into
any one of the languages referred to in the relevant
provision of Article 29 of the Constitution. |
493 |
(2) In the case provided for in No. 491 above, the
Secretary-General shall comply to the extent practicable with
the application, having first obtained from the Member States
concerned an undertaking that the cost incurred will be duly
repaid by them to the Union. |
494 |
(3) In the case provided for in No. 492 above, the
delegation concerned may, furthermore, if it wishes, arrange
at its own expense for oral translation into its own language
from one of the languages referred to in the relevant
provision of Article 29 of the Constitution. |
495 |
2. Any of the documents referred to in the
relevant provisions of Article 29 of the Constitution may be
published in languages other than those specified therein,
provided that the Member States requesting such publication
undertake to defray the whole of the cost of translation and
publication involved. |
|
Chapter V |
VARIOUS PROVISIONS RELATED TO THE
OPERATION OF |
TELECOMMUNICATION SERVICES |
Article 36 |
Charges and Free Services |
496 |
The provisions regarding charges for telecommunications
and the various cases in which free services are accorded are
set forth in the Administrative Regulations. |
Article 37 |
Rendering and Settlement of Accounts |
497 |
1. The settlement of international accounts shall
be regarded as current transactions and shall be effected in
accordance with the current international obligations of the
Member States and Sector Members concerned in those cases
where their governments have concluded arrangements on this
subject. Where no such arrangements have been concluded, and
in the absence of special agreements made under Article 42 of
the Constitution, these settlements shall be effected in
accordance with the Administrative Regulations. |
498 |
2. Administrations of Member States and Sector
Members which operate international telecommunication
services shall come to an agreement with regard to the amount
of their debits and credits. |
499 |
3. The statement of accounts with respect to
debits and credits referred to in No. 498 above shall be
drawn up in accordance with the provisions of the
Administrative Regulations, unless special arrangements have
been concluded between the parties concerned. |
Article 38 |
Monetary Unit |
500 |
In the absence of special arrangements concluded between
Member States, the monetary unit to be used in the
composition of accounting rates for international
telecommunication services and in the establishment of
international accounts shall be: |
|
- either the monetary unit of the International Monetary
Fund |
|
- or the gold franc, |
|
both as defined in the Administrative Regulations. The
provisions for application are contained in Appendix 1 to the
International Telecommunication Regulations. |
Article 39 |
Intercommunication |
501 |
1. Stations performing radiocommunication in the
mobile service shall be bound, within the limits of their
normal employment, to exchange radiocommunications
reciprocally without distinction as to the radio system
adopted by them. |
502 |
2. Nevertheless, in order not to impede scientific
progress, the provisions of No. 501 above shall not prevent
the use of a radio system incapable of communicating with
other systems, provided that such incapacity is due to the
specific nature of such system and is not the result of
devices adopted solely with the object of preventing
intercommunication. |
503 |
3. Notwithstanding the provisions of No. 501
above, a station may be assigned to a restricted
international service of telecommunication, determined by the
purpose of such service, or by other circumstances
independent of the system used. |
Article 40 |
Secret Language |
504 |
1. Government telegrams and service telegrams may
be expressed in secret language in all relations. |
505 |
2. Private telegrams in secret language may be
admitted between all Member States with the exception of
those which have previously notified through the
Secretary-General, that they do not admit this language for
that category of correspondence. |
506 |
3. Member States which do not admit private
telegrams in secret language originating in or destined for
their own territory must let them pass in transits except in
the case of suspension of service provided for in Article 35
of the Constitution. |
|
Chapter VI |
ARBITRATION AND AMENDMENT |
Article 41 |
Arbitration: Procedure |
(see Article 56 of the Constitution) |
507 |
1. The party which appeals to arbitration shall
initiate the arbitration procedure by transmitting to the
other party to the dispute a notice of the submission of the
dispute to arbitration. |
508 |
2. The parties shall decide by agreement whether
the arbitration is to be entrusted to individuals,
administrations or governments. If within one month after
notice of submission of the dispute to arbitration, the
parties have been unable to agree upon this point, the
arbitration shall be entrusted to governments. |
509 |
3. If arbitration is to be entrusted to
individuals, the arbitrators must neither be nationals of a
State party to the dispute, nor have their domicile in the
States parties to the dispute, nor be employed in their
service. |
510 |
4. If arbitration is to be entrusted to
governments, or to administrations thereof, these must be
chosen from among the Member States which are not involved in
the dispute, but which are parties to the agreement, the
application of which caused the dispute. |
511 |
5. Within three months from the date of receipt of
the notification of the submission of the dispute to
arbitration, each of the two parties to the dispute shall
appoint an arbitrator. |
512 |
6. If more than two parties are involved in the
dispute, an arbitrator shall be appointed in accordance with
the procedure set forth in Nos. 510 and 511 above, by each of
the two groups of parties having a common position in the
dispute. |
513 |
7. The two arbitrators thus appointed shall choose
a third arbitrator who, if the first two arbitrators are
individuals and not governments or administrations, must
fulfil the conditions indicated in No. 509 above, and in
addition must not be of the same nationality as either of the
other two arbitrators. Failing an agreement between the two
arbitrators as to the choice of a third arbitrator, each of
these two arbitrators shall nominate a third arbitrator who
is in no way concerned in the dispute. The Secretary-General
shall then draw lots in order to select the third
arbitrator. |
514 |
8. The parties to the dispute may agree to have
their dispute settled by a single arbitrator appointed by
agreement; or alternatively, each party may nominate an
arbitrator, and request the Secretary-General to draw lots to
decide which of the persons so nominated is to act as the
single arbitrator. |
515 |
9. The arbitrator or arbitrators shall be free to
decide upon the venue and the rules of procedure to be
applied to the arbitration. |
516 |
10. The decision of the single arbitrator shall be
final and binding upon the parties to the dispute. If the
arbitration is entrusted to more than one arbitrator, the
decision made by the majority vote of the arbitrators shall
be final and binding upon the parties. |
517 |
11. Each party shall bear the expense it has
incurred in the investigation and presentation of the
arbitration. The costs of arbitration other than those
incurred by the parties themselves shall be divided equally
between the parties to the dispute. |
518 |
12. The Union shall furnish all information
relating to the dispute which the arbitrator or arbitrators
may need. If the parties to the dispute so agree, the
decision of the arbitrator or arbitrators shall be
communicated to the Secretary-General for future reference
purposes. |
Article 42 |
Provisions for Amending this
Convention |
519 |
1. Any Member State may propose any amendment to
this Convention. Any such proposal shall, in order to ensure
its timely transmission to, and consideration by, all the
Member States, reach the Secretary-General not later than
eight months prior to the opening date fixed for the
Plenipotentiary Conference. The Secretary-General shall, as
soon as possible, but not later than six months prior to the
latter date, forward any such proposal to all the Member
States. |
520 |
2. Any proposed modification to any amendment
submitted in accordance with No. 519 above may, however, be
submitted at any time by a Member State or by its delegation
at the Plenipotentiary Conference. |
521 |
3. The quorum required at any Plenary Meeting of
the Plenipotentiary Conference for consideration of any
proposal for amending this Convention or modification thereto
shall consist of more than one half of the delegations
accredited to the Plenipotentiary Conference. |
522 |
4. To be adopted, any proposed modification to a
proposed amendment as well as the proposal as a whole,
whether or not modified, shall be approved, at a Plenary
Meeting, by more than half of the delegations accredited to
the Plenipotentiary Conference which have the fight to
vote. |
523 |
5. Unless specified otherwise in the preceding
paragraphs of the present Article, which shall prevail, the
general provisions regarding conferences and assemblies
contained in this Convention and the Rules of Procedure of
conferences and other meetings shall apply. |
524 |
6. Any amendments to this Convention adopted by a
plenipotentiary conference shall, as a whole and in the form
of one single amending instrument, enter into force at a date
fixed by the conference between Member States having
deposited before that date their instrument of ratification,
acceptance or approval of, or accession to, both this
Convention and the amending instrument. Ratification,
acceptance or approval of, or accession to, only a part of
such an amending instrument shall be excluded. |
525 |
7. Notwithstanding No. 524 above, the
Plenipotentiary Conference may decide that an amendment to
this Convention is necessary for the proper implementation of
an amendment to the Constitution. In that case, the amendment
to this Convention shall not enter into force prior to the
entry into force of the amendment to the Constitution. |
526 |
8. The Secretary-General shall notify all Member
States of the deposit of each instrument of ratification,
acceptance, approval or accession. |
527 |
9. After entry into force of any such amending
instrument, ratification, acceptance, approval or accession
in accordance with Articles 52 and 53 of the Constitution
shall apply to this Convention as amended. |
528 |
10. After the entry into force of any such
amending instrument, the Secretary-General shall register it
with the Secretariat of the United Nations, in accordance
with the provisions of Article 102 of the Charter of the
United Nations. No. 241 of the Constitution shall also apply
to any such amending instrument. |
Annex |
Definition Of Certain Terms Used In
This Convention |
And The Administrative |
Regulations Of The International
Telecommunication Union |
For the purpose of the above instruments
of the Union, the following terms shall have the meanings
defined below: |
1001 |
Expert: |
A person sent by either: |
|
|
a) the Government or the |
|
|
administration of his |
|
|
country, or |
|
|
b) an entity or an organization |
|
|
authorized in accordance |
|
|
with Article 19 of this |
|
|
Convention, or |
|
|
c) an international organization |
|
|
to participate in tasks of the |
|
|
Union relevant to his area |
|
|
of professional competence. |
1002 |
Observer: |
A person sent by: |
|
|
- the United Nations, a |
|
|
specialised agency of the |
|
|
United Nations, the Interna- |
|
|
tional Atomic Energy Agency, |
|
|
a regional telecommunication |
|
|
organization, or an intergo- |
|
|
vernmental organization |
|
|
operating satellite systems, |
|
|
to participate, in an advisory |
|
|
capacity, in a plenipotentiary |
|
|
conference a conference or |
|
|
a meeting of a Sector, |
|
|
- an international organi- |
|
|
zation to participate, in an |
|
|
advisory capacity, in a |
|
|
conference or a meeting of |
|
|
a Sector, |
|
|
- the government of a |
|
|
Member State to participate, |
|
|
in a non-voting capacity, in |
|
|
a regional conference, or |
|
|
- a Sector Member referred |
|
|
to in Nos. 229 or 231 of the |
|
|
Convention or an organiza- |
|
|
tion of an international cha- |
|
|
racter representing such |
|
|
Sector Members, |
|
|
in accordance with the |
|
|
relevant provisions of this |
|
|
Convention. |
1003 |
Mobile |
A radiocommunication |
|
Service: |
service between mobile and |
|
|
land stations, or between |
|
|
mobile stations. |
1004 |
Scientific or |
Any organization, other than |
|
Industrial |
a governmental establishment |
|
Organization: |
or agency, which is engaged |
|
|
in the study of telecommu- |
|
|
nication problems or in the |
|
|
design or manufacture of |
|
|
equipment intended for |
|
|
telecommunication services. |
1005 |
Radiocom- |
Telecommunication by |
|
munication: |
means of radio waves. |
|
Note 1: |
Radio waves are electromag- |
|
|
netic waves of frequencies |
|
|
arbitrarily lower than |
|
|
3 000 GHz, propagated in |
|
|
space without artificial guide. |
|
Note 2: |
For the requirements of Nos. |
|
|
149 to 154 of this Conven- |
|
|
tion, the term "radiocommu- |
|
|
nication" also includes tele- |
|
|
communications using elec- |
|
|
tromagnetic waves of fre- |
|
|
quencies above 3 000 GHz, |
|
|
propagated in space without |
|
|
artificial guide. |
1006 |
Service |
A telecommunication that |
|
Telecommu- |
relates to public international |
|
nication: |
telecommunications and that |
|
|
is exchanged among the |
|
|
following: |
|
|
- administrations, |
|
|
- recognized operating |
|
|
agencies, and |
|
|
- the Chairman of the |
|
|
Council, the Secretary- |
|
|
General, the Deputy |
|
|
Secretary-General, the |
|
|
Directors of the Bureaux, |
|
|
the members of the Radio |
|
|
Regulations Board, and |
|
|
other representatives or |
|
|
authorized officials of the |
|
|
Union, including those |
|
|
working on official matters |
|
|
outside the seat of the Union. |